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Posts tagged "Employment Litigation"

Former school president moves forward with employment litigation

When there is an ongoing employment dispute between an employer and a former employee, there is a chance that employment litigation will be part of the process, sometimes, on a repeated basis. For these employers, it can be a troublesome time, if they are forced to defend themselves when decisions are made and disagreements are alleged with an employee. It is imperative that they protect themselves whether they are in the public or private sector and do so with a law firm that is experienced in employment law from the employer's perspective.

Who is an immediate family member under FMLA?

As the United States begins to place greater focus on granting employees more rights to take time off for a variety of reasons, it is important for employers in Louisiana to have a grasp of how certain laws will affect their operations. The Family and Medical Leave Act (FMLA) grants covered employees the right to take a limited amount of unpaid time off without fear of losing their jobs. However, employers also have rights under FMLA. That can easily be forgotten, if there are allegations of wrongdoing from employees. Employers must bear in mind that they too are shielded by employment law. One such case is calling into question when an employee's circumstances qualify to receive leave under FMLA.

Sexual harassment claims continue against restaurant group

When a business in Louisiana becomes successful, there are certain strategies that must be taken to protect from lawsuits. One issue that is becoming more and more prevalent in today's world is allegations of sexual harassment. While these assertions should be taken seriously, there can be a fine line as to what is a violation of employment law and what is not. Focus is frequently on the accuser and rarely on the accused even if there is a gray area or an explanation for what might have occurred. Every business that is confronted with allegations of sexual harassment must protect itself with a qualified law firm.

Protect from lawsuits with an experienced business law firm

In Louisiana and across the nation, it is impossible to ignore the growing number of allegations against individuals and companies that sexual harassment and other employment law violations have taken place. While these assertions should be taken very seriously and if the parties are found to have committed the acts they should be penalized for them, that does not eliminate a company's rights to formulate a defense against charges that are unfounded or unproven. This is especially true if there an absence of evidence or there are other issues at play.

Workers are not guaranteed reinstatement after FMLA

Employees in Louisiana who choose to exercise their right to take time off and have their job status protected under the Family and Medical Leave Act (FMLA) are often uninformed about certain underlying laws that are part of FMLA. Employers have rights just as employees do, and it is essential to understand these lesser-known parts of the law. One is the limitations on an employee's right to being reinstated in the job.

Former deputy alleges various employment law violations

Given the current number of people in the news who are facing sexual harassment allegations these days, it is no surprise that many of these cases are resulting in legal filings. Employment law violations should be dealt with, but simply because accusations are made does not make them true. Just as an alleged victim deserves to have a chance to seek compensation in a legal case, the accused and an employer - in the public or private sector - also has the right to formulate a strong defense against the allegations.

Former school softball coach denies employment law violations

Allegations of violations of employment law and sexual harassment are taken very seriously in Louisiana with any job. Those who are alleged to have taken part in violations will invariably issue a denial and try to protect their jobs and reputations. However, employers must also protect themselves. This is particularly true when it is a school of higher learning that is embroiled in the situation. Any public entity that is dealing with employees having allegations of violating employment law must ensure they are protected by having a law firm that is experienced in helping with protecting their interests.

How can employers determine the 12-month period for FMLA?

Louisiana workers who would like to take time off based on the Family and Medical Leave Act can do so if they are covered under the law. An issue that might come up, however, is how the employer will determine the 12-month period under which the employee can have the time off. Employees have the right to use FMLA for job-protected - though unpaid - leave for family or medical reasons. It is essential that employers and employees are aware of the different ways to establish the 12-month period in which the employee will be using FMLA.

What are qualifying exigency categories under FMLA?

Louisiana employers must be cognizant of the Family and Medical Leave Act when it comes to all the various situations in which it arises. One issue that must be understood by employers and employees is qualifying exigency leave under FMLA. With FMLA, workers who are eligible can get 12 workweeks off within a 12-month period. But there must be a "qualifying exigency" based on a loved one being deployed. The loved one must be a close relative or a next-of-kin meaning that it will be a spouse, a son, a daughter or a parent.

Employers can request 2nd and 3rd opinions under FMLA

Louisiana employers whose workers are covered under the Family and Medical Leave Act are required to adhere to the law when giving these employees time off. That, however, does not extend infinitely. If, for example, the employee has a medical issue that requires certification, the employee must provide that. An employee who does not provide that information might have the request for FMLA denied. The employer can request certification if the request is based on the employee's health issue, a health issue for a family member, or if the request is based on military family leave. Certification is not necessary if it is for bonding time with a newborn child.

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